Pac. Legal Found. v. Env't Prot. Agency, 429 U.S. 990 (1976). · Go Syfert
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Pac. Legal Found. v. Env't Prot. Agency, 429 U.S. 990 (1976). Cases Citing This Book View Copy Cite
208 citation events (10 in the last 25 years) across 43 distinct courts.
Strongest positive: United States v. City of Yonkers (nysd, 1995-03-27)
Treatment trajectory · 1977 → 2026 · click a year to view as-of
1977 2001 2026
Top citers, strongest first. 38 distinct citers. How cited ↗
discussed Cited as authority (rule) United States v. City of Yonkers
S.D.N.Y. · 1995 · confidence medium
Dist. v. United States, 429 U.S. 990, 991, 994 , 97 S.Ct. 517, 517, 519 , 50 L.Ed.2d 603 (1976) (Powell, J., concurring) (suggesting that school officials cannot be held liable for racial imbalance in the schools which results from the discriminatory housing practices of other governmental actors); Bell v. Board of Educ., 683 F.2d 963 , 968 (6th Cir.1982) (rejecting the argument that “a school board otherwise innocent of segre-gative intent is liable for the discriminatory housing practices of other governmental agencies.”).
discussed Cited as authority (rule) Freeman v. Pitts (2×)
SCOTUS · 1992 · confidence medium
Since parents and school boards typically want children to attend schools in their own neighborhood, "[t]he principal cause of racial and ethnic imbalance in . . . public schools across the country — North and South — is the imbalance in residential patterns." Austin Independent School Dist. v. United States, 429 U. S. 990, 994 (1976) (Powell, J., concurring).
discussed Cited as authority (rule) Fullilove v. Klutznick (2×)
SCOTUS · 1980 · confidence medium
Although federal courts may not order or approve remedies that exceed the scope of a constitutional violation, see Milliken v. Bradley, 433 U. S. 267, 280-281 (1977); Dayton Board of Education v. Brinkman, 433 U. S. 406 (1977); Austin Independent School District v. United States, 429 U. S. 990, 991 (1976) (POWELL, J., concurring), this Court has not required remedial plans to be limited to the least restrictive means of implementation.
examined Cited as authority (rule) Columbus Board of Education v. Penick (5×) also: Cited "see"
SCOTUS · 1979 · confidence medium
Dayton Board of Education v. Brinkman, 433 U. S. 406 (1977); Austin Independent School Dist. v. United States, 429 U. S. 990, 991 (1976) (POWELL, J., concurring); Pasadena City Board of Education v. Spangler, 427 U. S. 424 (1976); Milliken v. Bradley, 418 U. S. 717 (1974); Swann v. Charlotte-Mecklenburg Board of Education, 402 U. S. 1, 16 (1971).
discussed Cited as authority (rule) Liddell v. BD. OF ED., CITY OF ST. LOUIS, ETC. (2×)
E.D. Mo. · 1979 · confidence medium
When this policy is used, we may infer that the school authorities have acted with segregative intent. [ 532 F.2d 380 , 392 (CA 5 1976)]." Austin, supra, 429 U.S. at 991-92, n. 1, 97 S.Ct. at 518.
discussed Cited as authority (rule) Liddell v. Board of Education (2×)
E.D. Mo. · 1979 · confidence medium
When this policy is used, we may infer that the school authorities have acted with segregative intent. [ 532 F.2d 380 , 392 (CA 5 1976)]." Austin, supra, 429 U.S. at 991-92, n. 1, 97 S.Ct. at 518.
cited Cited as authority (rule) Brinkman v. Gilligan
S.D. Ohio · 1977 · confidence medium
Austin, supra, 429 U.S. at 995, footnote 7, 97 S.Ct. at 519.
examined Cited as authority (rule) Milliken v. Bradley (4×)
SCOTUS · 1977 · signal: cf. · confidence medium
Cf. Austin Independent School Dist. v. United States, 429 U. S. 990, 991 (1976) (Powell, J., concurring).
discussed Cited "see" Albany Area Builders Ass'n v. Town of Clifton Park
N.Y. App. Div. · 1991 · signal: see · confidence high
To be successful, a constitutional challenge to such an ordinance bears the burden of demonstrating that the ordinance is " 'clearly arbitrary and unreasonable, having no substantial relation to the public health, safety, morals, or general welfare’ ” (supra, at 107, quoting Euclid v Ambler Co., 272 US 365, 395 ; see, French Investing Co. v City of New York, 39 NY2d 587, 596 , cert denied 429 US 990 ; Matter of Castle Props.
cited Cited "see" United States v. Bevans
E.D. Pa. · 1990 · signal: see · confidence high
See United States v. Solimine, 536 F.2d 703, 709 (6th Cir.), vacated, 429 U.S. 990 , 97 S.Ct. 517 , 50 L.Ed.2d 603 (1976), on remand, 551 F.2d 124 (6th Cir.1977).
discussed Cited "see" United States v. Gaffney
M.D. Fla. · 1988 · signal: see · confidence high
United States v. Fontenot, 483 F.2d 315, 325-26 (5th Cir.1973); see United States v. Solimine, 536 F.2d 703, 709 (6th Cir.), vacated on other grounds, 429 U.S. 990 , 97 S.Ct. 517 , 50 L.Ed.2d 603 (1976).
discussed Cited "see" United States v. Yonkers Board of Education
S.D.N.Y. · 1985 · signal: see · confidence high
See Austin, supra, 429 U.S. at 994 , 97 S.Ct. at 519 (Powell, J., concurring, joined by Burger, C.J., and Rehnquist, J.) (“The principal cause of racial and ethnic imbalance in urban public schools across the country — North and South — is the imbalance in residential patterns.
discussed Cited "see" Smiley v. Blevins (2×)
S.D. Tex. · 1981 · signal: see · confidence high
See Austin ISD v. United States, supra, 429 U.S. at 994-95 , 97 S.Ct. at 519 (Powell, J., concurring).
discussed Cited "see" San Diego Gas & Electric Co. v. City of San Diego (2×)
SCOTUS · 1981 · signal: see · confidence high
See Fred F. French Investing Co. v. City New York, 39 N. Y. 2d 587, 594-596, 350 N. E. 2d 381, 384-386 , cert. denied and appeal dism'd, 429 U. S. 990 (1976).
cited Cited "see" Holmes v. Planning Board
N.Y. App. Div. · 1980 · signal: accord · confidence high
Corp. v Tuttle, 29 NY2d 221,226 ; accord French Investing Co. v City of New York, 39 NY2d 587, 596 , app dsmd and cert den 429 US 990 ).
cited Cited "see" Anthony T. Lee, United States of America, Plaintiff-Intervenor-Appellant v. MacOn County Board of Education
5th Cir. · 1980 · signal: see · confidence high
See United States v. Texas Education Agency, 532 F.2d 380, 397-98 (5th Cir.) vacated on other grounds and remanded, 429 U.S. 990 , 97 S.Ct. 517 , 50 L.Ed.2d 603 (1976).
discussed Cited "see" Brody-Jones v. MacChiarola
E.D.N.Y · 1979 · signal: see · confidence high
See Austin Independent School District v. United States, 429 U.S. 990, 994 , 97 S.Ct. 517 , 50 L.Ed.2d 603 *1237 (Powell, J. concurring): “discrimination in housing — whether public or private — cannot be attributed to school authorities.” In contrast to Hart v. Community School Board of Brooklyn, supra, no governmental housing agency or larger governmental entity properly chargeable with responsibility for governmental housing policy was joined as a party in this action.
cited Cited "see" United States v. Anthony Digeronimo, George Holtmeyer, John Romeo and Robert Virga
2d Cir. · 1979 · signal: see · confidence high
See United States v. Solimine, 536 F.2d 703, 709-11 (6th Cir.), vacated on other grounds, 429 U.S. 990 (1976), cert. denied sub nom.
discussed Cited "see" Parent Ass'n of Andrew Jackson High School v. Ambach
2d Cir. · 1979 · signal: see · confidence high
Thus, the appellants contend that the judge violated the principles set forth in Dayton Board of Education v. Brinkman, 433 U.S. 406, 420 , 97 S.Ct. 2766 , 53 L.Ed.2d 851 (1977); see Austin Independent School District v. United States, 429 U.S. 990 , 97 S.Ct. 517 , 50 L.Ed.2d 603 (1976) (order), in which the Supreme Court held that a federal court is required to tailor the scope of a desegregation remedy to fit the nature and extent of the constitutional violations, and must determine, therefore, how much incremental segregative effect, if any, the violations had upon the racial distribution o…
discussed Cited "see" The Parent Association Of Andrew Jackson High School v. Ambach
2d Cir. · 1979 · signal: see · confidence high
Thus, the appellants contend that the judge violated the principles set forth in Dayton Board of Education v. Brinkman, 433 U.S. 406, 420 , 97 S.Ct. 2766 , 53 L.Ed.2d 851 (1977); See Austin Independent School District v. United States, 429 U.S. 990 , 97 S.Ct. 517 , 50 L.Ed.2d 603 (1976) (order), in which the Supreme Court held that a federal court is required to tailor the scope of a desegregation remedy to fit the nature and extent of the constitutional violations, and must determine, therefore, how much incremental segregative effect, if any, the violations had upon the racial distribution o…
cited Cited "see" Holaway v. City of Pipestone
Minn. · 1978 · signal: see · confidence high
See, Fred F. French Investment Co. Inc. v. City of New York, 39 N.Y.2d 587 , 385 N.Y.S.2d 5 , 350 N.E.2d 381 , appeal dismissed, 429 U.S. 990 , 97 S.Ct. 515 , 50 L.Ed.2d 602 (1976).
cited Cited "see" United States v. Byrne
E.D. Pa. · 1978 · signal: accord · confidence high
Accord United States v. Solimine, 536 F.2d 703, 709 (6th Cir.), judgment vacated on other grounds, 429 U.S. 990 , 97 S.Ct. 517 , 50 L.Ed.2d 603 (1976).
cited Cited "see" George Arthur v. Ewald P. Nyquist
2d Cir. · 1978 · signal: see · confidence high
See Austin Independent School District v. United States, 429 U.S. 990 , 97 S.Ct. 517 , 50 L.Ed.2d 603 (1976). 19 .
discussed Cited "see" United States v. Carl Will Sumlin
6th Cir. · 1977 · signal: see · confidence high
See United States v. Solimine, 536 F.2d 703, 707-08 (6th Cir.) vacated on other grounds 429 U.S. 990 , 97 S.Ct. 517 , 50 L.Ed.2d 603 (1976), reaffirmed as modified 551 F.2d 124 (6th Cir. 1977); United States v. Canada, 527 F.2d at 1379 ; Kirvelaitis v. Gray, 513 F.2d at 215 .
discussed Cited "see" United States v. Hinds County School Board, United States of America v. Amite County School District
5th Cir. · 1977 · signal: see · confidence high
See United States v. Texas Education Agency, 532 F.2d 380 , 394 n. 18 (5th Cir.), vacated and remanded on other grounds, 429 U.S. 990 , 97 S.Ct. 517 , 50 L.Ed.2d 603 (1976) (“[Under the EEOA], federal courts may adopt desegregation remedies requiring busing only as a last resort.
discussed Cited "see, e.g." Partners-Rye v. City of Rye
N.Y. App. Div. · 1991 · signal: see also · confidence low
The designation of the viewway did not constitute an uncompensated sight easement and further does not amount to a physical invasion of the property (see, Seawall Assocs. v City of New York, supra, at 102-106; see also, French Investing Co. v City of New York, 39 NY2d 587, 593 , cert denied 429 US 990 ).
discussed Cited "see, e.g." Tasby v. Wright
N.D. Tex. · 1981 · signal: see also · confidence low
See also, Justice Powell’s dissenting opinions in Austin Independent School District v. United States, 429 U.S. 990, at 991 , 97 S.Ct. 517 , at *743 517, 50 L.Ed.2d 603 (1976); and Columbus Board of Education v. Penick, 443 U.S. 449, at 479 , 99 S.Ct. 2941, 2982 , at 2988, 61 L.Ed.2d 666 .
discussed Cited "see, e.g." Berry v. Sch. Dist. of City of Benton Harbor
W.D. Mich. · 1981 · signal: see also · confidence low
See also, Justice Powell’s dissenting opinions in Austin Independent School District v. United States, 429 U.S. 990, at 991 , 97 S.Ct. 517, at 517 , 50 L.Ed.2d 603 (1976); and Columbus Board of Education v. Pennick, 443 U.S. 449, at 479 , 99 S.Ct. 2941, at 2987 , 61 L.Ed.2d 666 . 14 .
cited Cited "see, e.g." 20 Fair empl.prac.cas. 62, 20 Empl. Prac. Dec. P 30,049 Mack Scott v. The City of Anniston, Alabama
5th Cir. · 1979 · signal: see also · confidence low
See also Austin Independent School District v. United States, 1976, 429 U.S. 990 , 97 S.Ct. 517 , 50 L.Ed.2d 603 (per curiam).
cited Cited "see, e.g." Brenda Evans, Lillian Richardson, Mary Woods, Wilbur R. Carr, Sr., Clifton A. Lewis, Jeanne Q. Lewis, Board of Public Education of the City of Wilmington (Intervening Plaintiff), the Urban Coalition of Metropolitan Wilmington Incorporated v. Madeline Buchanan, Robert H. McBride Elise Grossman, Joseph J. Crowley, William E. Spence, Clyde Bishop and Richard H. Farmer, Constituting All the Members of the State Board of Education of the State of Delaware, Delaware Association of School Boards, Intervening Alexis I. Dupont, Alfred I. Dupont, Appoquinimink, Claymont, Conrad, Marshallton-Mckean, Mt. Pleasant, New Castle-Gunning Bedford, Newark, and Stanton School Districts, Delawarr School District. Appeal of Alexis I. Dupont School District, in No. 77-2336. Appeal of Delaware State Board of Education and the Following School Districts, Alexis I. Dupont School District, Alfred I. Dupont School District, Claymont School District, Conrad Area School District, New Castle-Gunning Bedford School District, Marshallton-Mckean School District, Newark School District, Mount Pleasant School District and Stanton School District, in No. 77-2337. Appeal of Claymont School District and Stanton School District, in No. 78-1143. Appeal of New Castle-Gunning Bedford School District, in No. 78-1144. Appeal of Delaware State Board of Education, in No. 78-1145. Appeal of Alfred I. Dupont School District, Alexis I. Dupont School District, Conrad School District and Mount Pleasant School District, in No. 78-1146. Appeal of Newark School District, in No. 78-1147. Appeal of Marshallton-Mckean School District, in No. 78-1148. State of Delaware, in No. 78-1743. v. The Honorable Murray M. Schwartz, United States District Judge for the District of Delaware
3rd Cir. · 1978 · signal: see also · confidence medium
See also Austin Independent School Dist. v. United States, 429 U.S. 990, 991 (, 97 S.Ct. 517 , 50 L.Ed.2d 603 ) (1976) (Powell, J., concurring).
cited Cited "see, e.g." Evans v. Buchanan
3rd Cir. · 1978 · signal: see also · confidence medium
See also Austin Independent School Dist. v. United States, 429 U.S. 990, 991 [, 97 S.Ct. 517 , 50 L.Ed.2d 603 ] (1976) (Powell, J., concurring).
discussed Cited "see, e.g." Regents of the University of California v. Bakke (2×)
SCOTUS · 1978 · signal: see also · confidence medium
See also Austin Independent School Dist. v. United States, 429 U. S. 990, 991-995 (1976) (Powell, J„ concurring).
cited Cited "see, e.g." Mark Brinkman v. John J. Gilligan and Dayton Board of Education
6th Cir. · 1977 · signal: see also · confidence low
See also Austin Independent School Dist. v. United States, 429 U.S. 990 (1976) (Mr. Justice Powell, concurring).
discussed Cited "see, e.g." National Ass'n for the Advancement of Colored People v. Lansing Board of Education
6th Cir. · 1977 · signal: see also · confidence low
See also Austin Independent School District v. United States, 429 U.S. 990 , 97 S.Ct. 517 , 50 L.Ed.2d 603 (1977). 2 In Washington v. Davis, 426 U.S. at 240 , 96 S.Ct. 2040 , the Supreme Court cites Keyes for the proposition that a showing of “racially discriminatory purpose” is required in all equal protection cases. 3 Appellants contend that Washington v. Davis and Austin Independent School District v. United States require reversal of the lower court’s decision because Judge Fox relied on the now-discredited “discriminatory effect” test in evaluating the Board’s conduct.
discussed Cited "see, e.g." National Association For The Advancement Of Colored People v. Lansing Board Of Education
6th Cir. · 1977 · signal: see also · confidence low
See also Austin Independent School District v. United States, 429 U.S. 990 , 97 S.Ct. 517 , 50 L.Ed.2d 603 (1977). 2 In Washington v. Davis, 426 U.S. at 240 , 96 S.Ct. 2040 , the Supreme Court cites Keyes for the proposition that a showing of "racially discriminatory purpose" is required in all equal protection cases. 3 3 Appellants contend that Washington v. Davis and Austin Independent School District v. United States require reversal of the lower court's decision because Judge Fox relied on the now-discredited "discriminatory effect" test in evaluating the Board's conduct.
discussed Cited "see, e.g." Dayton Board of Education v. Brinkman (2×)
SCOTUS · 1977 · signal: see also · confidence medium
See also Austin Independent School Dist. v. United States, 429 U. S. 990, 991 (1976) (Powell, J., concurring).
discussed Cited "see, e.g." Evans v. Buchanan
3rd Cir. · 1977 · signal: see also · confidence low
See also Austin Independent School District v. United States, 429 U.S. 990 , 97 S.Ct. 517 , 50 L.Ed.2d 603 (1976) (Powell, J., concurring); Pasadena City Board of Education v. Spangler, 427 U.S. 424, 434 , 96 S.Ct. 2697 , 49 L.Ed.2d 599 (1976); Hills v. Gautreaux, 425 U.S. 284, 293-94 , 96 S.Ct. 1538 , 47 L.Ed.2d 792 (1976); Milliken v. Bradley, 418 U.S. 717, 744-45, 746 , 94 S.Ct. 3112 , 41 L.Ed.2d 1069 (1974); Swann v. Board of Education, 402 U.S. 1, 16 , 91 S.Ct. 1267 , 28 L.Ed.2d 544 (1971).
discussed Cited "see, e.g." Evans v. Buchanan
3rd Cir. · 1977 · signal: see also · confidence low
See also Austin Independent School District v. United States, 429 U.S. 990 , 97 S.Ct. 517 , 50 L.Ed.2d 603 (1976) (Powell, J., concurring); Pasadena City Board of Education v. Spangler, 427 U.S. 424, 434 , 96 S.Ct. 2697 , 49 L.Ed.2d 599 (1976); Hills v. Gautreaux, 425 U.S. 284, 293-94 , 96 S.Ct. 1538 , 47 L.Ed.2d 792 (1976); Milliken v. Bradley, 418 U.S. 717, 744-45, 746 , 94 S.Ct. 3112 , 41 L.Ed.2d 1069 (1974); Swann v. Board of Education, 402 U.S. 1, 16 , 91 S.Ct. 1267 , 28 L.Ed.2d 544 (1971).
Retrieving the full opinion text from the archive…
Pacific Legal Foundation
v.
Environmental Protection Agency
No. 75-1875.
Supreme Court of the United States.
Dec 6, 1976.
429 U.S. 990
Cited by 3 opinions  |  Published

C. A. 9th Cir. Certiorari granted, judgment vacated, and case remanded for consideration. of question of mootness.